Inspectors of the 15th of March last. Mr. Davies reported, as the result of his inquiry, that there are several horizontal shafts in your mills which are not securely fenced, and that no measures had been taken to afford additional security since the 15th of March last; and I informed Lord Palmerston accordingly. I have this day been directed by his Lordship to cause proceedings to be taken against you, for having horizontal shafts in your mills which are not securely fenced. The Act takes no account of the height from the floor at which any horizontal shaft may revolve.
"I am, Gentlemen, your obedient servant,
(Signed)"Leonard Horner."
By Mr. Horner's Report, it seems as if a Memorial from the magistrates, explanatory of their decision, had crossed on the road Lord Palmerston's instructions to Mr. Horner. "Before receiving these explanations," says Mr. Horner, "his Lordship, by a letter to me, dated the 1st of January, directed that informations should be laid against Messrs. Worthington, Wright, and Barlow." The Report proceeds to relate that the case of Messrs. Worthington, which it was agreed was to rule the other two, was heard before Messrs. Jones and Schofield; "and the defendants were each convicted in a penalty of £5." Here Mr. Horner seems to conclude that the matter was settled; but, as the very question concerned was the meaning and scope of the law which Mr. Horner declared to be so perfectly clear, Messrs. Worthington appealed against the conviction, which was quashed, subject to the opinion of the judges as to the interpretation of the words "securely fence." Thus far, the course and results of the prosecutions seem to show that the interpretation assumed by Lord Palmerston and Mr. Horner is wrong, and that of the Oldham magistrates right. This is the point remaining to be settled by the Court of Queen's Bench, to which two causes have been carried up, to obtain a decision, to clear the ground for further action. Lord Palmerston's account of the affair was given in Parliament, no longer ago than the 6th of July last. He said: "The real state of the case was, that an accident did take place,
